Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS/CS/HB 7125, 1st Eng. Barcode 370784 LEGISLATIVE ACTION Senate . House . . . Floor: 1p/RE/2R . 05/02/2013 07:40 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Gardiner moved the following: 1 Senate Amendment to Amendment (218538) (with title 2 amendment) 3 4 Delete lines 1647 - 1723 5 and insert: 6 Section 38. Section 322.143, Florida Statutes, is created 7 to read: 8 322.143 Use of a driver license or identification card.— 9 (1) As used in this section, the term: 10 (a) “Personal information” means an individual’s name, 11 address, date of birth, driver license number, or identification 12 card number. 13 (b) “Private entity” means any nongovernmental entity, such 14 as a corporation, partnership, company or nonprofit 15 organization, any other legal entity, or any natural person. 16 (c) “Swipe” means the act of passing a driver license or 17 identification card through a device that is capable of 18 deciphering, in an electronically readable format, the 19 information electronically encoded in a magnetic strip or bar 20 code on the driver license or identification card. 21 (2) Except as provided in subsection (6), a private entity 22 may not swipe an individual’s driver license or identification 23 card, except for the following purposes: 24 (a) To verify the authenticity of a driver license or 25 identification card or to verify the identity of the individual 26 if the individual pays for a good or service with a method other 27 than cash, returns an item, or requests a refund. 28 (b) To verify the individual’s age when providing an age 29 restricted good or service. 30 (c) To prevent fraud or other criminal activity if an 31 individual returns an item or requests a refund and the private 32 entity uses a fraud prevention service company or system. 33 (d) To transmit information to a check services company for 34 the purpose of approving negotiable instruments, electronic 35 funds transfers, or similar methods of payment. 36 (e) To comply with a legal requirement to record, retain, 37 or transmit the driver license information. 38 (3) A private entity that swipes an individual’s driver 39 license or identification card under paragraph (2)(a) or 40 paragraph (2)(b) may not store, sell, or share personal 41 information collected from swiping the driver license or 42 identification card. 43 (4) A private entity that swipes an individual’s driver 44 license or identification card under paragraph (2)(c) or 45 paragraph (2)(d) may store or share personal information 46 collected from swiping an individual’s driver license or 47 identification card for the purpose of preventing fraud or other 48 criminal activity against the private entity. 49 (5)(a) A person other than an entity regulated by the 50 federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., who 51 receives personal information from a private entity under 52 subsection (4) may use the personal information received only to 53 prevent fraud or other criminal activity against the private 54 entity that provided the personal information. 55 (b) A person who is regulated by the federal Fair Credit 56 Reporting Act and who receives personal information from a 57 private entity under subsection (4) may use or provide the 58 personal information received only to effect, administer, or 59 enforce a transaction or prevent fraud or other criminal 60 activity, if the person provides or receives personal 61 information under contract from the private entity. 62 (6)(a) An individual may consent to allow the private 63 entity to swipe the individual’s driver license or 64 identification card to collect and store personal information. 65 However, the individual must be informed what information is 66 collected and the purpose or purposes for which it will be used. 67 (b) If the individual does not want the private entity to 68 swipe the individual’s driver license or identification card, 69 the private entity may manually collect personal information 70 from the individual. 71 (7) The private entity may not withhold the provision of 72 goods or services solely as a result of the individual 73 requesting the collection of the data in subsection (6) from the 74 individual through manual means. 75 (8) In addition to any other remedy provided by law, an 76 individual may bring an action to recover actual damages and to 77 obtain equitable relief, if equitable relief is available, 78 against an entity that swipes, stores, shares, sells, or 79 otherwise uses the individual’s personal information in 80 violation of this section. If a court finds that a violation of 81 this section was willful or knowing, the court may increase the 82 amount of the award to no more than three times the amount 83 otherwise available. 84 (9) This section does not apply to a financial institution 85 as defined in s. 655.005(i). 86 87 88 ================= T I T L E A M E N D M E N T ================ 89 And the title is amended as follows: 90 Delete line 4790 91 and insert: 92 means; providing remedies; exempting financial 93 institutions; amending s. 322.18, F.S.,;